PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 December 2000  
	DOCKET NUMBER:   AR2000047184

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his discharge document to show award of the Purple Heart for wounds received at “Christmas Hill” in Korea in 1953. 

3.  The applicant states that while at “Christmas Hill” during the Spring of 1953, a mortar exploded and he received a shrapnel wound to his right knee cap.  He contends that he is now service connected through the VA for a disability.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and VA documentation. 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
23 January 1952, served in Korea and was honorably released on 8 December 1953.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 states “NONE”. 

6.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Korea.  

7.  The applicant provided VA documentation dated 1998.  This documentation shows the VA granted service connection for the applicant’s right knee in 1997.  In 1998, the VA increased the evaluation from 20% to 30% based on instability and granted a separate 10% evaluation for the right knee based on arthritis.  This increased the total combined evaluation for his right knee from 20% to 40%.  
  
8.  DA Form 1577 (Authorization for Issuance of Awards), dated 8 October 1975, shows the Office of the Adjutant General in Washington, D.C., determined the applicant was eligible for the Good Conduct Medal and the National Defense Service Medal.  These awards are not shown on his discharge document.   

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he received a shrapnel wound to his right knee cap at “Christmas Hill” in Korea in 1953.  However, there is no evidence of record available to the Board which shows he was injured or treated for wounds as a result of hostile action in Korea.   

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the VA decision to award service connection for the applicant’s right knee.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which does not show the applicant was wounded or that he received the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

4.  The applicant is entitled to the Good Conduct Medal and the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Good Conduct Medal and the National Defense Service Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

FNE____  LEM_____  HBO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047184	
SUFFIX		
RECON		
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19531208	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0069	
4.		
5.		
6.